Capital One - March 2006. Is this enforceable?

[DoubtingThomas]

Re: Capital One - March 2006. Is this enforceable?

Received a "payment due; We're here to work with you" letter from Lowell. Err....no thanks! I particularly like this: "Contact us today to experience our service first hand"

They still appear to be treating me as a newbie!

This might be because they have got their files cocked-up - they were either recently bought up, or bought someone else up, so have got bigger, better, brighter teeth.....Let's hope there are admin problems their end.
DT

[nightwatch]

Re: Capital One - March 2006. Is this enforceable?

Appeals, Nightwatch?
DT

there are a few cases that Lowell have taken to court saying they are not SB because the credit file has listed the default date later than the 'last payment date' AAD has taken up a few of these case's at appeal

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

This might be because they have got their files cocked-up - they were either recently bought up, or bought someone else up, so have got bigger, better, brighter teeth.....Let's hope there are admin problems their end.
DT

This is the most likely reason, they're not subtle enough for anything else!

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

This reached SB'd early December 2015, although the default on my CF remains until July 2016. Lowell's letters getting a little more techy! It's gone from "we're here to work with you" to "we may refer this to our legal dept" They have well and truly cocked-up on this a/c as the threats have gone full circle! Will advise if anything meaningful arrives from Lowell.

[Never-In-Doubt]

Re: Capital One - March 2006. Is this enforceable?

Be careful. SB may not necessarily be from last payment. There's a lot of discussion on here about it plus a couple of ongoing court cases to determine facts.....

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Be careful. SB may not necessarily be from last payment. There's a lot of discussion on here about it plus a couple of ongoing court cases to determine facts.....

Thanks Niddy, will do! I've been very careful so no acknowledgement or payment since early November 2009. Besides the CF default, are there any other factors that might lead Lowell to believe it is still active? You know the feeling - you're absolutely dying to tell them to get lost!
Despite the temptation will keep it all under wraps!

[Never-In-Doubt]

Re: Capital One - March 2006. Is this enforceable?

It's all dependant on the courts decision surrounding the Cause of Action (CoA)....

[marypoppins]

Re: Capital One - March 2006. Is this enforceable?

It's all dependant on the courts decision surrounding the Cause of Action (CoA)....

This has been going on some time now.

Stressed am we!

[Seamus]

Re: Capital One - March 2006. Is this enforceable?

Is there a court case regarding Cause of Action going on at the moment?

S

[Never-In-Doubt]

Re: Capital One - March 2006. Is this enforceable?

Is there a court case regarding Cause of Action going on at the moment?

S

aad+

We have 2 (kinda)

[marypoppins]

Re: Capital One - March 2006. Is this enforceable?

aad+

We have 2 (kinda)

Which threads Niddy?

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Letter from Lowell stating this account has been passed to their legal dept. I should respond by 22nd February or further action (may) be taken. Yeah right! had all this a few years ago with Lowell. Account became SB'd a couple of months ago. Last payment early November 2009 and I've been careful and kept communications to the bare minimum, so no acknowledgement during this period. I assume I should just let them carry on unless I receive something I consider to be important such as an LBA etc?

[Never-In-Doubt]

Re: Capital One - March 2006. Is this enforceable?

Yea if it's SB then hold fire replying till absolutely necessary (ie legal threats etc start arriving)....

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Legal Assessment letter received this morning. "We are assessing your account for legal action as you have failed to contact us despite repeated attempts on our part"

I'm quite prepared to let this run until the last moment as I really would love to waste their time and resources, however, will keep a close watch for any definitive legal threat.

[Never-In-Doubt]

Re: Capital One - March 2006. Is this enforceable?

When was your last CCA and was it EN or UE?